How Long Does a Car Accident Lawsuit Take in New York?
If you’ve recently been in a car accident in New York, you’re likely wondering what steps to take next — and how long it could take to get compensation for your injuries and losses. The answer depends on several key factors, including the severity of your injuries, the insurance coverage involved, and whether a lawsuit is necessary.
Let’s break down what the legal process looks like in New York, how long it might take, and whether you even need to file a lawsuit at all.
What Should You Do After a Car Accident in New York?
Immediately after a car accident in New York, your first priority should be safety and health. Here are the most important steps to take:
- Call 911: Always contact the police, especially if there are injuries or significant damage. A police report is critical evidence later on.
- Take Photos and Gather Evidence: If it’s safe, take pictures of the vehicles, injuries, street signs, and anything else relevant.
- Get Medical Attention: Even if your injuries seem minor, seek medical care immediately. Many injuries (like concussions or whiplash) worsen over time.
Continue Treatment: If you’re hurt, keep up with medical appointments. Gaps in treatment can weaken your claim.
Do You Need to File a Lawsuit?
Not every car accident results in a lawsuit. In fact, many cases in New York are resolved through an insurance claim — either with the other driver’s insurance or your own, especially under New York’s no-fault insurance law.
However, there are situations where a lawsuit is the best option, such as:
- The insurance limits are too low to cover your damages.
- The other driver’s insurance is denying liability (fault).
- The insurance company is undervaluing your injuries.
- You’ve suffered serious injuries (as defined by New York Insurance Law §5102(d)), like fractures, permanent disability, or significant disfigurement.
- Your injuries have long-term effects, like chronic pain or traumatic brain injury.
How Long Does a Car Accident Case Take in New York?
Here’s a general timeline:
✅ If No Lawsuit is Filed
If the case can be settled directly with the insurance company:
- Timeline: A few months (generally 3–6 months)
- Best for: Minor injuries with clear fault and sufficient insurance coverage
📝 If a Lawsuit is Filed
If a lawsuit is necessary to protect your rights or maximize compensation:
- Filing the Complaint: Starts the legal process, usually filed in the county where the accident happened or where you live
- Defendant’s Response: The other party responds to your claim, usually within 30 days
- Discovery Phase: This is where both sides exchange information (medical records, photos, witness statements, etc.). This phase often includes:
- Depositions (interviews under oath)
- Independent Medical Exams (IMEs) by a doctor hired by the insurance company
- Discovery Timeline: Typically lasts 6–9 months
- Settlement Negotiations: May occur after discovery
- Trial (if needed): If the case doesn’t settle, a trial is scheduled — usually 12–18 months after the lawsuit was filed
Total Time for a Lawsuit in New York:
Anywhere from 9 months to 2+ years, depending on complexity and court schedules.
Key Factors That Affect How Long Your Case Takes
- Injury Severity: More serious injuries often mean longer cases due to ongoing treatment and higher damages.
- Insurance Coverage: Low policy limits may speed up settlement; high limits can lead to longer negotiations.
- Disputed Fault: If liability is unclear or contested, the case can drag on.
- Medical Treatment Timeline: If you’re still healing, your attorney may wait to file or settle to fully understand your long-term prognosis.
Should You Settle or Sue?
Every case is different. Some clients prefer a quicker settlement; others are better served by a lawsuit that may result in higher compensation but takes more time.
The decision depends on:
- Your goals
- Your financial situation
- The nature of your injuries
- The insurance company’s cooperation
A personal injury attorney can help you weigh the pros and cons of each approach.
Final Thoughts
The process after a car accident in New York can be overwhelming — but you don’t have to go through it alone. Whether you’re looking to settle or considering a lawsuit, understanding the timeline and your legal rights is the first step toward recovery.
If you’ve been injured in a New York car accident and have questions about your case, don’t hesitate to reach out. We’re here to help you understand your options and protect your future.